Apr 6, 2010 3:32am
Re: AG Show PD?
Still reading about the Andy Griffith, bizarre ruling. Then I came across this:http://www.digitalspy.co.uk/movies/a212595/fellini-copyright-holder-loses-in-court.html?imdb
Where a judge ruled yesterday that "it is possible' for Fellini's "La Dolce Vita" to be in the Public Domain.
Since that movie was registered and properly renewed, it just goes to show that sometimes it's impossible to know how it will be decided. Presumably in this case the party claiming rights couldn't prove that it owned the copyright, in which case it would be an orphan work, not public domain. I think a big Supreme Court ruling will have to come soon because the circuit court judges are deciding all manner of things and it seems that nobody wants to spend enough money to appeal and fight a case where the law can be very vague.
Then one law firm explains the Andy Griffith ruling as follows:
"TIP: If trying to determine whether it is possible to use a work in the public domain, especially a work that is part of a series, think not only about whether the particular work or episode is protected, but also whether anyone has rights in the underlying or prior works on which it is based."
So a porn film based on La Dolce Vita is not copyright violation of a copyrighted film, because the company bringing the lawsuit didn't sufficiently prove it is the copyright holder. And 16 uncopyrighted episodes of a TV series are not in fact public domain, because they are based on the preceding episodes which are not PD. The Public Domain is not so easy to figure.
This post was modified by HektorT on 2010-04-05 23:10:26
This post was modified by HektorT on 2010-04-05 23:16:26
This post was modified by HektorT on 2010-04-06 10:32:44